Nielsen Consumer LLC v. Circana Group, L.P.

Background

On January 30, 2025, Defendant Circana Group, L.P. filed a letter motion asking to file its notice of motion to dismiss and supporting memorandum in redacted form. Circana also asked the court to keep Exhibit A to the declaration of Matthew J. Revis under seal. Circana stated that the redactions protected nonpublic, competitively sensitive information concerning data Circana licenses to NielsenIQ under the parties’ agreement, as well as information in confidential documents and communications produced during the litigation.

Court’s analysis

The court reviewed Circana’s filings and proposed redactions. Applying the standard described in Lugosch v. Pyramid Co. of Onondaga, the court found that the redactions were narrowly tailored to protect competitively sensitive business information and other confidential information. That standard requires specific findings showing that restricting public access is essential to protect higher values and is narrowly tailored to serve that interest.

Ruling

The court granted Circana’s Letter Motion to Seal. It reminded Circana that documents and information sealed for this request could not be treated the same way automatically in connection with a dispositive motion—a motion that may resolve the case or a claim. The clerk was directed to terminate the motions at ECF Nos. 451, 452, and 455, and to keep the documents at ECF Nos. 455, 456, and 457 under seal. The order was signed by Katharine H. Parker, United States Magistrate Judge.